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Texas Town Must Face Takings Lawsuit Over Dam Breach Dispute

Aug. 5, 2022, 9:46 PM

The city of Arlington, Texas must face a takings claim by homeowners alleging damages from a nearby dam breach, a state appeals court ruled.

Arlington Mayor Jeff Williams issued an emergency declaration in 2018 due to severe weather and flooding in the area, the Texas Court of Appeals, Second District, said. The mayor’s order said the likelihood of damage such as flooding was high due to Prestonwood Lake Dam’s possibility of failure.

City officials then breached the dam to stop flooding, allegedly causing several retaining walls along lots upstream from the dam in Prestonwood Lake to crumble. The damages total ...